2005 CHARTER REVIEW COMMITTEE

The 2005 Charter Review Committee met on May 18, 2006, at 7:20 p.m. with Chairman Leary presiding. Members present were Mr. Christiansen, Mrs. Greenwood, Mrs. Merritt and Mr. Scheller. Mrs. Malone, Dr. Miller, and Mr. Jones were absent. Mrs. McDowell was also present.

AGENDA ADDITIONS/DELETIONS

There being no objections, the agenda was approved as presented.

CHARTER REVIEW - ARTICLE I

Members reviewed the following Sections of Article I of the City Charter, as follows:

Sections 1, and 1A

After reviewing Sections 1 and 1A, of the City Charter, the following recommendations were made by members:

The first paragraph of Section 1A should include publication on the City’s Website.

Members requested a legal clarification of the meaning of the second to the last sentence in paragraph three (3) of Section 1A, which reads “Life tenants shall be entitled to one vote each but the holders of the remainder interest or similar interest subject to the life estate shall not be entitled to vote.”

Referring to the fifth paragraph of Section 1A, members suggested that polls be open for 8:30 a.m. to 5:00 p.m. rather than 11:00 a.m. to 8:00 p.m.

It was also suggested that there be a provision allowing for absentee ballots in Section 1A.

Mrs. McDowell explained the process involved with the annexation of property, including the assignment of a zoning classification. Since the City can only zone property that is within the corporate limits, property is first annexed and then a zoning classification is assigned. She advised members that there are occasions when a zoning classification is not beneficial for the applicant requesting annexation and therefore, would need to withdrawal the request for annexation, based on a recommendation for zoning classification from the Planning Commission (since Council would not consider the Planning Commission’s recommendation until after annexation has been approved). Although Council would not necessarily approve the zoning classification recommended by the Planning Commission, an applicant would not know the results until after annexation of the property occurred.

Mrs. McDowell provided members with information from other municipalities (example provided from the City of Harrington and Milford) that provide for other means of annexing property, such as by petition or agreement, which could save the City and applicants time and money from being required to hold annexation referendums. It was noted that the example provided from Harrington also includes a provision to provide the zoning classification for the property proposed for annexation.

With regards to the zoning classification provided in Annexation Agreements, members felt that if the City were to allow for such agreements, the process involving the Planning Commission’s review and recommendation for zoning should not be circumvented.

There was also discussion regarding annexation agreements becoming null and void after an expiration date (example provided indicated seven years).

Members suggested that the concept of the annexation agreement, particularly the reversion paragraph, be referred to the City Planner and City Clerk for their review and recommendation.

Section 2

After reviewing Section 2 of the City Charter, members felt that this section was very liberal in the condemnation of property and suggested that additional information be provided on the language (why terminology). Members suggested that any act included in Section 2 require a 3/4 vote of Council.

Section 3

It was noted that the last paragraph of Section 3 appears to be displaced and should be repositioned to a more appropriate Section within the Charter.

Mr. Leary noted that the City Solicitor is scheduled to provide an overview of the 1988 Consent Decree to members during their meeting of June 15, 2006. The committee’s next regular meeting is scheduled for June 1, 2006.

Mrs. Greenwood moved for adjournment, seconded by Mrs. Merritt and unanimously carried.

Meeting Adjourned at 8:43 P.M.

Respectfully submitted,

Thomas J. Leary, Chairman

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